By Mehdi HassanHow do you check if a business name is trademarked?
You check if a business name is trademarked by searching official trademark databases for that name and similar ones, in the product and service categories you'll trade in, then looking for unregistered use online. In the US, start with the USPTO's free Trademark Search. Do it before you pay for a logo, a domain premium or a lawyer.
This walkthrough covers the free checks a founder can do in an afternoon. They won't give you legal certainty, but they'll knock out most bad candidates early and make the lawyer's job cheaper and faster. It's the legal screen in our process for how to name a startup, where every batch of name ideas gets checked as it's generated.
What does a trademark search actually tell you?
A trademark search tells you whether anyone has registered or applied for a mark that's similar to your name, for similar goods or services. That second part matters as much as the first. Trademark rights are tied to categories, so the same word can belong to different companies in unrelated industries.
The legal test in most systems is likelihood of confusion: would a buyer think your company is connected to theirs? That depends on how similar the names look, sound and mean, and how related the products are. A name spelled differently but pronounced the same can still conflict. An identical name in a completely different industry may not.
In the US, using a name in business can also create rights without registration, often called common-law rights, within the area where it's used. That's why a database search alone isn't enough. You also need to look for companies already using the name, which we cover below.
How do you search the USPTO trademark database?
You search the USPTO database through its free Trademark Search tool on the USPTO website, which replaced the office's older search system. Search for the exact name, then for variations, and filter the results by live status and by the classes that cover your product.
Search the exact name
Enter your name as a word search. Note every live result, even ones that seem unrelated, and look at the goods and services listed for each.
Search the variations
Try plurals, alternate spellings, sound-alikes, the name split into two words and the name with common prefixes or suffixes. Conflicts are often hiding in the version you didn't type.
Filter to live marks
Separate live registrations and pending applications from dead or abandoned ones. Live marks are the ones that can block you.
Check the classes
For each live mark, read its class and its description of goods and services. Compare them with what you sell and plan to sell soon.
Look at the owners
Search the owner's name to see if they're an active business. An active competitor is a much bigger risk than a dormant registration.
Record what you found
Keep a simple list of names searched, results and your notes. Your lawyer will want it, and it saves repeating the work.
Which trademark classes should you search?
Search the classes that cover what you sell now and what you'll likely sell in the next few years. Goods and services are grouped into numbered classes under the international Nice Classification, which the USPTO and most other offices use. Most software startups need to look at two classes, plus any industry-specific ones.
Class | What it covers | Relevant if you |
|---|---|---|
Class 9 | Downloadable software, apps, electronic devices | Ship an app or installable software |
Class 42 | Software as a service, technology and design services | Run a SaaS or platform product |
Class 35 | Advertising, business management, marketplaces | Run a marketplace or business service |
Class 36 | Financial and insurance services | Build a fintech product |
Class 44 | Medical and health services | Offer health or wellness services |
Related classes count too. A mark registered for software in Class 9 can conflict with your SaaS in Class 42, because buyers see them as closely related. When in doubt, include a class in your search rather than leave it out.
How do you check for unregistered and international use?
You check for unregistered use by searching where businesses actually show up: state business registries, the web, app stores and social platforms. You check for international use with the regional and global databases. Both matter, because rights can come from use as well as registration, and because you may sell abroad sooner than you expect.
- State business registries: search the secretary of state business database in the states where you'll operate. A registered company name isn't a trademark, but it shows who's using the name.
- The web: search the name in quotes, with and without your category words. Read past the first page.
- App stores and marketplaces: search the major app stores and any marketplace your buyers use.
- Domains and social handles: an active site or account using the name is evidence of use. Our guide on whether you need a .com domain covers what to do when the .com is taken.
- International databases: search the EU's trademark tools (EUIPO's eSearch or the TMview database), the UK IPO search and WIPO's Global Brand Database if you'll sell in those markets.
For example, suppose a search turns up three results
Hypothetical example: a founder searching a name for a scheduling app finds three things. A dead registration in Class 9 from years ago. A live registration for the same name in Class 25, clothing. And a small but active scheduling startup using a very similar spelling, with no registration.
The dead mark is probably not a problem. The clothing mark is in an unrelated class, so it may not be either, though a lawyer should confirm. The unregistered scheduling startup is the real risk: same category, similar name, actual use. The founder drops the name before spending anything on it. All details here are illustrative.
How do you read your trademark search results?
Read your results by sorting each finding into one of a few buckets: no relevant conflict, a likely conflict, or a judgment call for a lawyer. The table shows how we'd treat the common cases when screening names with founders.
What you found | What it usually means | What to do |
|---|---|---|
Nothing similar in any related class | Good sign, not a guarantee | Keep the name; get legal clearance |
Dead or abandoned mark | Usually not a blocker | Note it; check the owner isn't still trading |
Live mark, unrelated class | Often fine, depends on fame and overlap | Ask a lawyer before committing |
Live mark, related class, similar name | Likely conflict | Drop the name |
Active unregistered business in your field | Possible prior rights | Drop it or get legal advice |
Famous brand with the same name | High risk in any class | Drop the name |
Be strict with yourself here. It's tempting to argue a borderline name through, especially if you like it. But a forced rename after launch means redoing your domain, website, decks and search presence, which is far more expensive than picking another name now. Our startup name checklist treats any legal fail as an automatic out for that reason.
When should you pay a trademark lawyer?
Pay a trademark lawyer once you have one or two names that pass your free searches, and before you launch publicly, print anything or spend serious money on the brand. A lawyer runs a fuller clearance search, gives a risk opinion and files your application in the right classes and wording.
The free screening isn't wasted. It means the lawyer is reviewing strong candidates instead of discovering obvious conflicts at their hourly rate. After clearance, file early: in many systems, an earlier filing date strengthens your position. If you're also protecting a logo, see our guide on whether you can trademark a logo, since a word mark and a design mark protect different things.
If your current name has a conflict you've only just found, don't panic, but don't ignore it either. Our guide on whether to change your company name walks through the decision. And if you'd rather have help generating and screening options, our comparison of a naming agency vs DIY naming lays out the choices.
